PUBLIC LAW 97-446—JAN. 12, 1983 96 STAT. 2329
Public Law 97-446
97th Congress
An Act
To reduce certain duties, to suspend temporarilv certain duties, to extend certain Jan. 12, 1983
existing suspensions of duties, and for other purposes. [H.R. 4566]
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, Tariff Scheduleis,
temporary duty
suspensions.
TITLE I—TARIFF PROVISIONS
SUBTITLE A—IN GENERAL
SEC. 101. AMENDMENT OF TARIFF SCHEDULES.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or
repeal of, an item or other provision, the reference shall be consid-
ered to be made to an item or other provision of the Tariff Schedules
of the United States (19 U.S.C. 1202).
SEC. 102. CANNED TUNA.
Item 112.80 is amended—
(1) by inserting "and not the product of any insular possession
of the United States," immediately after "15 pounds each,"; and
(2) by striking out "United States Fish and Wildlife Service"
and inserting in lieu thereof "National Marine Fisheries
Service".
SEC. 103. FURS FROM CHINA.
Headnote 4 to subpart B of part 5 of schedule 1 is amended by 19 u s e 1202
striking out "or of the People's Republic of China". note.
SEC. 104. LIMITATION ON IMPORTS OF SEED POTATOES.
The superior heading to items 137.20 and 137.21 is amended by
inserting ", and imported for use as seed" after "tags".
SEC. 105. CLASSIFICATION OF CERTAIN FABRICS.
Subpart A of part 4 of schedule 3 is amended—
(1) by amending the superior heading to items 346.05 through
346.65 to read as follows:
Fabrics of pile construction, in
which pile threads were inserted
or knotted during the weaving or
knitting, whether or not the pile
threads cover the entire surface
and whether the pile threads are
wholly or partly cut or are not
cut:
(2) by amending the superior heading for items 346.05 and
346.10 to read as follows:
Fabric of corduroy construction,
whether or not the filling floats
are cut
96 STAT. 2330 PUBLIC LAW 97-446—JAN. 12, 1983
and
(8) by amending the superior heading for items 346.15 through
346.24 to read as follows:
Fabric of velveteen construction,
whether or not the filling floats
are cut:
SEC. 106. REDUCTION OF DUTY ON CERTAIN FOURDRINIER WIRE.
19 u s e 1202 (a) IN GENERAL.—Subpart B of part 3 of schedule 6 is amended by
note. striking out item 642.30 and inserting in lieu thereof the following:
Fourdrinier wires, seamed or not
seamed, suitable for use in pa-
permaking machines (whether or
not parts of, or fitted or attached
to, such machines):
642.31 Of plastics 19.4% ad val. 10% ad val. 75% ad val.
Other:
642.33 With 240 or more wires to
the linear inch Free 75% ad val.
642.34 other 19.4% ad val. 12% ad val. 75% ad val.
(b) APPUCATION WITH OTHER PROVISIONS.—
(1) The rate of duty in column numbered 1 for items 642.31
and 642.34 (as added by subsection (a)) shall be subject to any
staged rate reductions for item 642.30 which were proclaimed by
the President before the 15th day after the date of the enact-
ment of this Act.
(2) Whenever the rate of duty specified in column numbered 1
for such item 642.31 or 642.34 is reduced to the same level as the
corresponding rate of duty specified in the column entitled
"LDDC" for such item, or to a lower level, the rate of duty in
such "LDDC" column shall be deleted.
SEC. 107. REDUCTION OF DUTY ON CERTAIN CERAMIC INSULATORS.
(a) IN GENERAL.—Subpart D of part 2 of schedule 5 is amended by
inserting immediately after item 535.12 the following new item:
535.13 Ceramic insulators to be used in
the production of spark plugs for
natural gas-fueled, stationary, in-
ternal combustion engines 3.6% ad val. 60% ad val.
(b) REPEAL.—Item 909.20 of the Appendix is repealed.
(c) PHASE-DOWN OF TEMPORARY RATE.—Effective with respect to
articles entered after December 31, 1983, item 535.13 (as added by
subsection (a)) is amended by striking out "3.6% ad val." and
inserting in lieu thereof "3.5% ad val.".
SEC. 108. PERMANENT DUTY-FREE TREATMENT OF YANKEE DRYER
CYLINDERS.
(a) I N GENERAL.—Subpart D of part 4 of schedule 6 is amended by
inserting immediately after item 668.04 the following new item:
" j 668.05 I Yankee dryer cylinders | Free | I 35% ad val. I ".
(b) REPEAL.—Item 912.06 of the Appendix is repealed.
SEC. 109. CERTAIN AIRCRAFT COMPONENTS AND MATERIALS.
In the case of any aircraft which—
(1) was previously exported from the United States,
(2) was composed, at the time of such exportation in part of
components and materials which are products of the United
States and which were installed—
(A) while such aircraft was within the United States, and
PUBLIC LAW 97-446—JAN. 12, 1983 96 STAT. 2331
(B) after such aircraft was operational,
(3) is returned to the United States after being so exported
without having been advanced in value or improved in condi-
tion by any process of manufacture or other means while
abroad, and
(4) was entered for consumption before 1970,
the rate of duty provided for in item 694.40 on the date of such entry
shall, notwithstanding any other provision of law, be assessed upon
the full value of such aircraft less the value of such components and
materials; and such entry shall, notwithstanding the provisions of
section 514 of the Tariff Act of 1930 or any other provision of law, be 19 USC 1514.
reliquidated on the basis of such assessment. For the purposes of
this section, the value of any such component or material is the cost
of such component or material at the time of installation in the
aircraft plus the cost of such installation.
SEC. 110. WATCHES.
(a) PRODUCTS OP INSULAR POSSESSIONS DEFINED.—Paragraph (aXi) i^ u s e 1202
of headnote 3 of the (Jeneral Headnotes and Rules of Interpretation "°*®
is amended by striking out "(or more than 70 percent of the total
value with respect to watches and watch movements)".
(b) RATE OF DUTY ON WATCHES.—Headnote 6 of schedule 7, part 2,
subpart E is amended—
(1) by striking out "paragraph (b)" in paragraph (a) and
inserting in lieu thereof "paragraphs Ot>) through (h)"; and
(2) by striking out "an insular possession of the United States
outside the customs territory of the United States" in para-
graph (a), and inserting in lieu thereof "the Virgin Islands,
Guam, and American Samoa (hereinafter referred to as the
'insular possessions')"; and
(3) by striking our paragraphs 0)) through (d) and inserting in
lieu thereof the following new paragraphs:
"(b) Watches and watch movements produced or manufactured in
a United States insular possession which contain any foreign compo-
nent may be admitted free of duty without regard to the value of the
foreign materials such watches contain if they conform with the
provisions of this headnote, but the total quantity of such articles
entered free of duty shall not exceed the amounts established by or
pursuant to paragraph (c) of this headnote.
"(c) Notwithstanding the provisions of paragraph (b) of this head-
note, the provisions of this headnote and the benefits thereunder
shall not apply to any article containing any material which is the
product of any country with respect to which column 2 rates of duty
apply.
"(dXi) In calendar year 1983 the total quantity of such articles
which may be entered free of duty shall not exceed 4,800,000 units.
"(ii) In subsequent calendar years, the Secretary of Commerce and Limitations.
the Secretary of the Interior (hereinafter referred to as the "Secre-
taries"), acting jointly, shall establish a limit on the quantity which
may be entered free of duty during the calendar year, and shall
consider whether such limit is in the best interest of the insular
possessions and not inconsistent with domestic or internationed
trade policy considerations. The quantity the Secretaries establish
in any calendar year under this paragraph shall not—
"(I) exceed 10,000,000 units, or one-ninth of apparent domestic
consumption (as determined by the International Trade 0)m-
96 STAT. 2332 PUBLIC LAW 97-446—JAN. 12, 1983
mission pursuant to paragraph (d) of this headnote), whichever
is greater;
"(II) be decreased by more than 10 percent of the quantity
established for the immediately preceding calendar year; and
"(III) be increased to more than 7,000,000 units, or by more
than 20 percent of the quantity established for the immediately
preceding calendar year, whichever is greater.
Publication in "(e) On or before April 1 of each calendar year (beginning with the
Federal first year in which watch imports from the United States insular
Register.
possessions exceed 9,000,000 units), the International Trade Commis-
sion shall determine the apparent United States consumption of
watches and watch movements (including solid state timepieces)
during the preceding calendar year, shall report such determination
to the Secretaries, and shall publish such determination in the
Federal Register.
"(fXi) In calendar year 1983, not more than 3,000,000 units of the
total quantity of articles described in paragraph (d) which may be
entered free of duty shall be the product of the Virgin Islands, not
more than 1,200,000 imits shall be the product of Guam, and not
more than 600,000 units shall be the product of American Samoa,
Territorial "(ii) For calendar year 1984 and thereafter, the Secretaries may
shares. establish new territorial shares of the total amount which may be
entered free of duty, taking into account the capacity of each
territory to produce and ship its assigned amounts. A territory's
share in any year shall not be reduced—
"(I) by more than 200,000 units in calendar year 1984 or 1985,
and
"(II) by more than 500,000 units in calendar year 1986 or
thereafter, except that no territorial share shall be established
at less than 500,000 units.
Allocations. "(g) The Secretaries, acting jointly, shall allocate the calendar
year duty exemptions provided by paragraphs (b), (d), and (f) of this
headnote on a fair and equitable basis among producers located in
the insular possessions, and shall issue appropriate licenses there-
for. Allocations made by the Secretaries shall be final. In making
the allocations, the Secretaries shall consider the potential impact of
territorial production on domestic production of like articles and
shall establish allocation criteria (including minimum assembly
requirements) that will reasonably maximize the net amount of
direct economic benefits to the insular possessions.
"(hXi) In the case of each calendar year beginning after December
31,1982, and before Jemuary 1,1995, the Secretaries, acting jointly,
shall-
"(I) verify the wages paid by each producer to permanent
residents of the insular possessions during the preceding calen-
dar year, and
"(II) issue to each producer (not later than March 1 of such
year) a certificate for the applicable amount,
"(ii) For purposes of subparagraph (i), except as provided in sub-
paragraphs (iii) and (iv), the term 'applicable amount' means an
amount equal to the sum of—
"(I) 90 percent of the producer's creditable wages on the
assembly during the preceding calendar year of the first 300,000
units, plus
"(II) the applicable graduated declining percentage (deter-
mined each year by the Secreteries) of the producer's crediteble
PUBLIC LAW 97-446—JAN. 12, 1983 96 STAT. 2333
wages on the assembly during the preceding calendar year of
units in excess of 300,000 but not in excess of 750,000.
"(iii) The aggregate £imount of all certificates which are issued Certificates.
during any calendar year shall not exceed an amount which bears
the same ratio to $5,000,000 as—
"(I) the gross national product of the United States (as deter-
mined by the Secretary of Commerce) for the preceding calen-
dar year, bears to—
"(II) the gross national product of the United States (as so
determined) for 1982.
"(iv) (I) Subject to the provision of clause (II), if the amount of the
certificates issued under subparagraph (i) would exceed the limit
under subparagraph (iii), the applicable amount of each producer's
certificate shall be reduced proportionately by the amount of such
excess.
"(II) The applicable amount of any producer's certificate shall not
be reduced below the amount determined under subpareigraph (iiXD,
except that if the application of this clause would result in the
aggregate amount of the certificates exceeding the limit under
subparagraph (iii), the applicable amount of each producer's certifi-
cate shall again be reduced proportionately by the amount of the
excess determined after application of this clause.
"(v) Any certificate issued under subparagraph (i) shall entitle the Refund.
certificate holder to secure the refund of duties equal to the face
value of the certificate on watches, watch movements (including
solid state timepieces) and, with the exception of discrete cases,
parts therefor imported into the customs territonr of the United
States by the certificate holder. Such refunds shall be made under
regulations issued by the Treasury Department. Not more than 5
percent of such refunds may be retained as a reimbursement to the
Customs Service for the administrative costs of making the refunds.
"(vi) Any certificate issued under subparagraph (i), or any portion
thereof, shall be negotiable.
"(vii) Any certificate issued under subparagraph (i) shedl expire 1 Expiration of
year from the date of issuance and may be applied against duties on certificate.
imports of watches and watch movements the entry of which were
made within 2 years prior to the date of issuance of the certificate.
"(viii) For purposes of determining the applicable amount of any
producer's certificate to be issued during calendar year 1983, the
greater of—
"(I) the producer's creditable wages for calendar year 1982, or
"(II) 60 percent of the producer s creditable wages for calen-
dar year 1981,
shsill be considered the creditable wages for calendar year 1982.
"(i) The Secretaries are authorized to issue such regulations, not Regulations.
inconsistent with the provisions of this headnote, as they determine
necessary to carry out their respective duties under this headnote.
Such regulations shall include minimum assembly requirements.
Any duty-free entry determined not to have been made in accord-
ance with applicable regulations shall be subject to the applicable
civil remedies and criminal sanctions, and, in addition, the Secretar-
ies may cancel or restrict the license or certificate of any manufac-
turer found in willful violation of the regulations.".
SEC. 111. PIPE ORGAN PARTS.
Items 726.60 and 726.62 are amended to read as follows: 19 u s e 1202
note.
726.60 Player actions and parts thereof | Free 60% ad val.
726.62 Other Free I 35% ad val.
96 STAT. 2334 PUBLIC LAW 97-446—JAN. 12, 1983
SEC. 112. ELIMINATION OF DUTY ON TOY TEA SETS.
19 u s e 1202 Subpart E of part 5 of schedule 7 is amended by inserting immedi-
note. ately after item 737.70 the following new item:
737.73 Toy tea sets of ceramic ware made
to the approximate scale of 1 to
10 or larger 70% ad val.
SEC. 113. CLASSIFICATION OF DOLLS AND TOY FIGURES.
(a) IN GENERAL.—Subpart E of part 5 of schedule 7 is amended—
(1) by adding at the end of the headnotes thereto the following
new headnotes:
"3. For the purposes of the superior heading to items 737.47 and
737.49 and of item 737.51, 'toy figures of inanimate objects* are only
imaginary creatures that either—
"(i) do not possess features of human or other earthly
creatures;
"(ii) possess both earthly and non-earthly features but are
predominantly non-earthly in nature; or
"(iii) possess features which are a hybrid of features of more
then one animate object.
This definition does not cover toy figures of objects which are readily
recognizable as vegetables, minerals, robots, or machines, whether
or not such figures possess humanoid or earthly features.
"4. Items 737.23, 737.28, 737.30, and 737.47 do not include any doll
or toy that either—
"(i) will maintain the three dimensional shape of its torso if
the stuffing or filler is removed, or
"(ii) is constructed such that the 'filler' material consists of
one piece (such as one piece of foam rubber) or more than one
piece that achieves the same effect as one piece.
"5. For the purposes of items 737.26 and 737.51, 'skins' are the
outer coverings or shells of those dolls or toy figures which, if
imported stuffed or filled, would be classified in items 737.23, 737.28,
737.30, and 737.47, but do not contain stuffing or filling in the torso
when imported.
"6. For the purposes of item 737.47, the term 'filled* includes toy
figures which are not completely filled or are filled with materials
such as plastic beads or crushed nutshells but which otherwise
possess the characteristics of toy figures classifiable as 'stuffed'.";
(2) by redesignating items 737.45 and 737.50 as 737.42 and
737.43, respectively; and
(3) by adding in numerical sequence the following new items:
Toy figures of inanimate objects,
not having a spring mechEmism:
737.47 Stuffed or filled 13.6% ad val. 7% ad val. 70% ad val.
731.49 Other 13.6% ad val. 7% ad val. 70% ad val.
737.51 Skins for toy figures of animate or
inanimate objects 13.6% ad val. 7% ad val. 70% ad val.
(b) APPUCATION WITH OTHER PROVISIONS.—
(1) The rates of duty in column numbered 1 for items 737.47,
737.49, and 737.51 (as added by subsection (a)(3)) shall be subject
to any staged rate reductions for item 737.95 which are pro-
claimed by the President before the 15th day after the date of
the enactment of this Act.
PUBLIC LAW 97-446—JAN. 12, 1983 96 STAT. 2335
(2) Whenever the rate of duty specified in column numbered 1
for each of such items 737.47, 737.49, and 737.51 is reduced to
the same level as the corresponding rate of duty specified in the
column entitled "LDDC" for such item, or to a lower rate, the
rate of duty in such "LDDC" column shall be deleted.
SEC. 114. ELIMINATION OF DUTY ON CASEIN BLANKS.
(a) I N GENERAL.—Subpart A of part 7 of schedule 7 is amended— 19 u s e 1202
(1) by striking out "(item 745.40)" in headnote 2(b) of such note.
subpart and inserting in lieu thereof "in the superior heading to
items 745.41 and 745.42"; and
(2) by striking out item 745.40 and inserting in lieu thereof
the following:
Button blanks and molds,
parts of buttons:
745.41 Button blanks of casein Free 45% ad val.
745.42 Other 22.1% ad val. 45% ad val.
(b) APPLICATION WITH OTHER PROVISIONS.—
(1) The rate of duty in column numbered 1 for item 745.42 of
the Tariff Schedules of the United States (19 U.S.C. 1202) (as
added by subsection (aX2)) shall be subject to any staged rate
reductions for item 745.40 which were proclaimed by the Presi-
dent before the 15th day after the date of the enactment of this
Act.
(2) Whenever the rate of duty specified in the column num-
bered 1 for such item 745.42 is reduced to the same level as the
corresponding rate of duty specified in the column entitled
"LDDC" for such item, or to a lower level, the rate of duty in
the column entitled "LDDC" shsill be deleted from such
Schedules.
(3) For purposes of the Trade Act of 1974, the amendments 19 u s e 2101.
made by this section (not including the rates of duty in column
numbered 2 of such Schedules) shall be considered to be
trade agreement obligations entered into and proclaimed
under the Trade Act of 1974 of benefit to foreign countries or
instrumentalities.
SEC. 115. INCREASE IN VALUE LIMITATIONS FOR DUTY-FREE IMPORTA-
TIONS OF PERSONAL ARTICLES BY RETURNING UNITED
STATES RESIDENTS.
(a) IN GENERAL.—Subpart A of part 2 of schedule 8 is amended—
(1) by striking out "$300" in item 813.30 and inserting in lieu
thereof "$400"; and
(2) by striking out "$600" and "$300" in item 813.31 and
inserting in lieu thereof "$800" and "$400", respectively.
(b) AMENDMENTS TO TARIFF ACT OF 1930.—Section 321(a)(2)(A) of
the Tariff Act of 1930 (19 U.S.C. 1321 (aX2XA)) is amended by striking
out "$25" and "$40" and inserting in lieu thereof "$50" and "$100'\
respectively.
(c) EFFECTIVE DATE.—The amendments made by this section shall 19 u s e 1321
apply with respect to returning residents of the United States who note.
arrive in the United States on or after the 15th day after the date of
the enactment of this Act.
SEC. 116. MATERIALS CERTIFIED BY NASA.
(a) IN GENERAL.—Subpart A of part 3 of schedule 8 is amended—
96 STAT. 2336 PUBLIC LAW 97-446—JAN. 12, 1983
(1) by inserting immediately after "Subpart A—United States
Government" the following headnote:
"Subpart A headnote:
"1. With respect to item 837.00, the return of materials from space
by the National Aeronautics and Space Administration shall not be
considered an importation, and an entry of such materials shall not
be required."; and
(2) by adding immediately after item 836.00 the following new
item:
Articles for the National Aeronau-
tics and Space Administration
and articles imported to be
launched into space under
launch services agreements with
the National Aeronautics and
Space Administration:
837.00 Materials certified by it to the
Commissioner of Customs to
be imported to be launched
into space, spare parts, or
necessary and unicjuely asso-
ciated support equipment for
use in connection with a
launch into space Free Free
(b) TERMINATION.—Item 837.00 (as added by subsection (a)) shall
not apply to articles entered, or withdrawn from warehouse for
consumption, after December 31,1994.
SEC. 117. PRAYER SHAWLS.
19 u s e 1202 Part 4 schedule 8 is amended—
note. (1) by striking out "and 854.20," in headnote 1 to such part
and inserting in lieu thereof "854,20, and 854.30,"; and
(2) by inserting after item, 854.20 the following new item:
Prayer shawls, bags for the keep-
ing of prayer shawls, and head-
wear of a kind used for public or
private religious observances,
whether or not any of the forego-
ing is imported for the use of a
religious institution Free Free
SEC. 118. INCREASE IN VALUE LIMITATIONS APPLICABLE TO INFORMAL
ENTRIES OF IMPORTED MERCHANDISE.
The article description immediately preceding item 869.00 is
amended by striking out "$600" and inserting in lieu thereof
"$1,000".
SEC. 119. CERTAIN METAL WASTE AND SCRAP.
(a) IN GENERAL.—Part 7 of schedule 8 is amended—
(1) by inserting the following new headnote immediately after
headnote 2 to such part:
"3. (a) Items 870.50 and 870.55 shall not apply when the market
price of copper is under 51 cents per pound.
"(b) For purposes of subparagraph (a), the market price of copper
has the meaning assigned to it by headnote 5(b) of the headnotes to
schedule 6, part 2, subpart C.
"(c) For purposes of subparagraph (a), the market price of copper
shall be considered to be under 51 cents per pound only on and after
the twentieth day after the date of a report by the United States
International Trade Commission to the Secretary of the Treasury
that it has determined that the market price has been under 51
cents per pound for one calendar month. After any such report, the
market price shall be considered as not being under 51 cents per
PUBLIC LAW 97-446—JAN. 12, 1983 96 STAT. 2337
pound only on and after the twentieth day after the date of a report
by the Commission to the Secretary that it has determined that the
market price has been 51 cents or more per pound for one calendar
month.
"(d) Determinations by the Commission under this headnote shall
be made in the manner prescribed by headnote 5(c) to schedule 6,
part 2, subpart C"; and
(2) by inserting immediately after item 870.45 the following: 19 u s e 1202
note.
Rates of Duty
1-a 1-b 2
Metal waste and scrap (provided
for in part 2, schedule 6), except
lead, zinc, and tungsten waste
and scrap; unwrought metal
including remelt scrap ingot
(except copper, lead, zinc, and
tungsten) in the form of pigs,
ingots, or billets (a) which are
defective or damaged, or have
been produced from melted down
metal waste and scrap for con-
venience in handling and trans-
portation without sweetening,
ailo^ng, fluxing, or deliberate
purifying, and (o) which cannot
be commercially used without
remanufacture; relaying or re-
rolling rails; and articles of metal
(except articles of lead, of zinc,
or of tungsten, and not including
metal-bearing materials provided
for in schedule 4 or in part 1 of
schedule 6 and not including
unwrought metal provided for in
part 2 of schedule 6) to be used
m remanufacture by melting or
to be processed by shreddting,
shearing, compacting, or similar
processing which renders them
fit only for the recovery of the
metal content:.
870.50 Free The column The column 2
1-b rate rate
applicable in applicable in
the absence the absence
of this item of this item
Free The column The column 2
1-b rate rate
applicable in applicable in
the absence the absence
of this item of this item
Rates of Duty
1 2
870.60 Other Free Free
(b) CONFORMING AMENDMENT.—Headnote 5(a) to subpart C of part
2 of schedule 6 is amended by inserting "and for items 870.50 and
870.55," immediately after "In this subpart,".
(c) REPEALS.—Subpart B of part 1 of the Appendix is amended—
(1) by striking out "911.10, 911.11," in headnote 3(a) to such
subpart; and
(2) by striking items 911.10, 911.11, and 911.12 and the
superior heading to such items.
SEC. 120. TEMPORARY SUSPENSION OF DUTY ON CERTAIN BULK FRESH
CARROTS.
Subpart B of part 1 of the Appendix is amended—
96 STAT. 2338 PUBLIC LAW 97-446—JAN. 12, 1983
(1) by striking out headnote 2 and inserting in lieu thereof the
following:
"2. For purposes of item 903.25—
"(a) the term 'culled carrots' refers to those carrots which fail
to meet the requirements of the United States Department of
Agriculture for carrots of grades 'U.S. No. 1' or 'U.S. No. 2' (See
7 CFR sections 2851.4141 and 2851.4142); and
"(b) the total quantity of carrots which may be entered under
item 903.25 during the period specified in that item shall not
exceed 20,000 tons."; and
(2) by inserting in numerical sequence the following new item:
903.25 Culled carrots, fresh or chilled in
immediate containers each hold-
ing more than 100 pounds (pro-
vided for in item 135.42, part 8d,
schedule 1) if entered for con-
sumption during the period from
August 15 in any year, to the
15tn day of the following Febru-
ary inclusive Free No change On or before
12/31/84
SEC. 121. EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON CERTAIN
RED PEPPERS.
19 u s e 1202 Item 903.60 of subpart B of part 1 of the Appendix is amended by
note. striking out "6/30/81" and inserting in lieu thereof "6/30/85".
SEC. 122. TEMPORARY SUSPENSION OF DUTY ON CANTALOUPES.
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
903.65 Cantaloupes, fresh, if entered
during the period from January
1 to May 15, inclusive of any
year (provided for in items 148.12
and 148.17 part 9B, schedule 1) Free No change On or before
5/15/85
SEC. 123. TEMPORARY SUSPENSION OF DUTY ON CAROB FLOUR.
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
Carob flour (provided for in item
152.05, part 90, schedule 1) Free No change On or before
12/31/84
SEC. 124. TEMPORARY SUSPENSION OF DUTY ON HATTERS* FUR.
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
903.85 Fur, not on the skin, prepared for
hatters' use (provided for in item
186.20) Free No change On or before
12/31/85
SEC. 125. EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON WOOD
EXCELSIOR.
Item 904.00 of the Appendix is amended by striking out "6/30/81"
and inserting in lieu thereof "6/30/83".
PUBLIC LAW 97-446—JAN. 12, 1983 96 STAT. 2339
SEC. 126. TEMPORARY SUSPENSION OF DUTY ON NEEDLECRAFT DISPLAY
MODELS.
Subpart B of part 1 of the Appendix is amended as follows: 19 u s e 1202
(1) The headnotes to such subpart are amended by adding at note.
the end thereof the following new headnote:
"5. For the purposes of the superior heading to items 906.10 and
906.12, the term 'mass-produced kits' includes only those which are
designed to be sold in the customs territory of the United States
exclusively in kit form.".
(2) The following new superior heading and new items are
inserted in numerical sequence:
Needl»«raft displav models, pri-
marily hand stitcned, of completp
ed maas-produoed kita:
906.10 Articles provided for in items
855.16, 860.70, 860.78, 864.18,
364.23, 364.30, 365.78, 865.84
365.86, 366.79, 367.84, 367.55,
367.60, 386.04, 386.06, 386.09,
386.50, 388.40, and 889.62 of
achedule 3 (eicept shoe
uppers and tents) Free No change On or before
6/30/85
906.12 Aprons and baby bibs (provided for
in items 383.03, 383.08, 383.20,
and 388.50 of schedule 3) Free No change On or before
6/30/85
SEC. 127. TEMPORARY SUSPENSION OF DUTY ON P<HYDROXYBENZOIC
ACID.
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
907.00 F-Hydrosybenzoic Acid (provided
for in item 404.44, part 1, sched-
ule 4) Free No change On or before
9/30/85
SEC. 128. TEMPORARY SUSPENSION OF DUTY ON TRIPHENYL PHOSPHATE
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
907.01 Triphenyl >hoephate (provided for
in item ' 04.48, part IB, schedule
4) Free No change On or before
9/30/85
SEC. 129. EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON BIS (4-
AMINOBENZOATE)-!^ PROPANEDIOL (TRIMETHYLENE
GLYCOL DI-P-AMINOBENZOATE).
Item 907.05 of the Appendix is amended—
(1) by striking out "however provided for in items 402.36
through 406.63" and inserting in lieu thereof "provided for in
item 405.07"; and
(2) by striking out "6/30/83" and inserting in lieu thereof
"6/30/84".
SEC. 130. TEMPORARY SUSPENSION OF DUTY ON 4-CHLORO-3-METHYL-
PHENOL.
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
96 STAT. 2340 PUBLIC LAW 97-446—JAN. 12, 1983
907.08 4-chIoro^methylphenol (CAS No.
59-50-7) (provided for in item
403.56, part IB, schedule 4) Free No change On or before
6/30/84
SEC. 131. EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON CERTAIN
PHOTOGRAPHIC COUPLERS.
19 u s e 1202 Items 907.10 and 907.12 of the Appendix are amended by striking
note. out "6/30/82" and inserting in lieu thereof "9/30/85".
SEC. 132. TEMPORARY SUSPENSION OF DUTY ON ETHYLBIPHENYL.
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
907.14 Mixtures of 3-ethylbiphenyl (meth-
ylbiphenyl) and 4-ethylbiphenyl
(P-ethylbiphenyl) (provided for in
item 407.16, part IB, schedule 4)... Free No change On or before
6/30/85
SEC. 133. TEMPORARY REDUCTION OF DUTY ON DICOFOL.
(a) IN GENERAL.—Subpart B of part 1 of the Appendix is amended
by inserting in numerical sequence the following new item:
907.15 1,1-Bis (4-Chlorophenyl)-2,2,2,-tri-
chloroethanol (Dicofol) (provided
for in item 408.28, part 10,
schedule 4) 10.3% ad val. 7«per On or before
lb.+41% ad 9/30/85
val.
(b) PHASE-DOWN OF TEMPORARY RATE.—Effective with respect to
articles provided for in item 907.15 (as added by subsection (a)) that
are entered, or withdrawn from warehouse for consumption, on and
after each of the dates set forth below, column 1 for such item is
amended by striking out the rate of duty in effect on the day before
such date and inserting in lieu thereof the rate of duty appearing
below next to each such date:
Date: Rate of duty:
January 1, 1984. 9.5% ad val.
January 1, 1985. 8.6% ad val.
(c) SPECIAL RATE FOR LEAST DEVELOPED DEVELOPING COUNTRIES.—
The rate of duty on an article provided for in such item 907.15 that
is—
(1) entered, or withdrawn from warehouse for consumption on
or after the effective date of the amendment made by subsection
(a) and before October 1,1985; and
(2) a product of a least developed developing country;
shall be 6.9 percent ad valorem.
(d) RETROACTIVE PROVISION.—In the case of the application of the
amendments made by this section to any entry—
(1) which was made before the 15th day after the date of the
enactment of this Act;
(2) which was unliquidated, or the liquidation of which was
not final, on such day; and
(3) with respect to which there would have been less duty if
the amendments made by this section applied to such entiy;
such entry shall be liquidated as though such entry had been made
on such 15th day.
PUBLIC LAW 97-446—JAN. 12, 1983 96 STAT. 2341
SEC. 134. TEMPORARY SUSPENSION OF DUTY ON UNCOMPOUNDED ALLYL
RESINS.
Subpart B of part 1 of the Appendix is amended by inserting in id use 1202
numerical sequence the following new item: °°*®
907.16 Allyl reems, uncompounded (pro-
d d e d for in item 408.96, part IC,
schedule 4) ~ » — FVee No change On or before
9/30/84
SEC. 135. TEMPORARY SUSPENSION OF DUTY ON SULFAPYRIDINE.
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
907.17 Sulfawridine (provided for in item
4 U . % part IC, schedule 4) Free Free On or before
12/31/85
SEC. 136. TEMPORARY REDUCTION OF DUTY ON SULFATHIAZOLE.
(a) Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
907.19 Sulfathiazole (provided for in item
411.80) 13.3% ad val. li per lb. +
80% ad val. 12/31/83
(b) During such time as item 907.22 (as added by subsection (a)) is
in effect, the rate of duty on sulfathiazole that is a product of a least
developed developing country shall be 8 percent ad valorem.
(c) (1) With respect to articles entered after December 31, 1983,
and before January 1,1985, item 907.22 is amended by striking out
"13.3% ad val." and inserting in lieu thereof "11.9% ad val.", and by
striking out "12/31/83" and insertmg in lieu thereof "12/31/84".
(2) With respect to articles entered after December 31, 1984, and
before Januaiy 1, 1986, item 907.22 is amended by striking out
"11.9% ad val. and inserting in lieu thereof "10.6% ad val.", and by
striking out "12/31/84" and inserting in lieu thereof "12/31/85".
SEC. 137. EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON DOXO-
RUBICIN HYDROCHLORIDE.
Item 907.20 of the Appendix is amended by striking out "6/30/82"
and insertmg in lieu thereof "6/30/88".
SEC. 138. TEMPORARY REDUCTION OF DUTY ON CAFFEINE.
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
907.22 Caffeine (provided for in item
437.02, part 3B. schedule 4). 6% ad val. No change On or before
12/31/83
SEC. 139. TEMPORARY SUSPENSION OF DUTY ON TARTARIC ACID AND
CERTAIN TARTARIC CHEMICALS.
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following items:
96 STAT. 2342 PUBLIC LAW 97-446—JAN. 12, 1983
907.65 Tartaric acid (provided for in item
425.94, part 2D, schedule 4) Free No change O n or before
6/30/84
907.66 Potassium salts: Antimony tartrate
(tartar emetic) (provided for in
item 426.72, part 2D, schedule 4)... Free No change O n or before
6/30/84
907.68 Cream of tartar (provided for in
item 426.76, part 2D, schedule 4).. Free No change O n or before
6/30/84
907.69 Sodium tartrate (Rochelle salts)
(provided for in item 426.82, part
2D, schedule 4) Free N o change O n or before
6/30/84
SEC. 140. EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON NATU-
RAL GRAPHITE.
19 u s e 1202 Item 909.01 of the Appendix is amended by striking out "6/30/81"
note. and inserting in lieu thereof "12/31/84".
SEC. 141. TEMPORARY SUSPENSION OF DUTY ON COPPER SCALE.
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
911.05 0>pper scale (provided for in item
6()3.70, part 1, schedule 6) Free No change On or before
12/31/85
SEC. 142. CHIPPER KNIFE STEEL.
Item 911.29 is amended—
(1) effective with respect to articles entered on or after Octo-
ber 1,1982, and before January 1,1983, by striking out "4.6% ad
val." and inserting in lieu thereof "4.4% ad val.", and by
striking out "9/30/82" and inserting in lieu thereof "12/31/82";
(2) effective with respect to articles entered after December
31, 1982, and before January 1, 1984, by striking out "4.4% ad
val." and inserting in lieu thereof "4.2% ad val.", and by
striking out "12/31/82" and inserting in lieu thereof "12/31/
83";
(3) effective with respect to articles entered after December
31, 1983, and before January 1, 1985, by striking out "4.2% ad
val." and inserting in lieu thereof "4.0% ad val.", and by
striking out "12/31/83" and inserting in lieu thereof "12/31/
84"; and
(4) effective with respect to articles entered after December
31,1984, and before April 1,1985, by striking out "4.0% ad val."
and inserting in lieu thereof "3.9% ad val.", and by striking out
"12/31/84" and inserting in lieu thereof "3/31/85".
SEC. 143. TEMPORARY SUSPENSION OF DUTY ON CERTAIN FREIGHT CON-
TAINERS.
Subpart B of part I of the Appendix is amended by inserting in
numerical sequence the following new item:
911.80 Freight containers specially de-
signed and equipped to facilitate
the carriage of goods by one or
more modes of transport without
intermediate reloading, each
having a gross mass rating of at
least 40,000 pounds (provided for
in item 640.30, part 3A, schedule
6) No change On or before
12/31/86
PUBLIC LAW 97-446—JAN. 12, 1983 96 STAT. 2343
SEC. 144. EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON COBALT.
Item 911.90 of the Appendix is amended by striking out "6/30/82" 19 use 1202
and inserting in lieu thereof "6/30/83". note.
SEC. 145. TEMPORARY SUSPENSION OF DUTY ON CERTAIN CLOCK RADIOS.
Subpart B of part 1 of the Appendix is amended—
(1) by adding at the end of the headnotes to such subpart the
following new headnote:
"6. For the purposes of item 911.95, the term 'entertainment
broadcast band receivers' means receivers designed principally to
receive signals in the AM (530-1710 KHz) and FM (88-108 MHz)
entertainment broadcast bands, whether or not capable of receiving
signals on other bands such as aviation, television, marine, public
ssBety, industrial, and citizens bands."; and
(2) by inserting in numerical sequence the following new item:
911.95 Entertainment broadcast band re-
ceivers valued not over $40 each
(however provided for in sched-
ule 6), incorporating timekeeping
or time display devices, not in
combination with any other arti-
cle, and not designed for motor
vehicle installation Free No change On or before
9/30/84
SEC. 146. EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON BICYCLE
PARTS.
(a) GENERATOR LIGHTING SETS.—Item 912.05 of the Appendix is
amended by striking out "6/30/83" and inserting in lieu thereof "6/
30/86".
(b) OTHER PARTS.—Item 912.10 of the Appendix is amended—
(1) by deleting "click stick levers," and inserting in lieu
thereof "trigger and twist grip controls for three-speed hubs,";
(2) by inserting "including cable or inner wire for caliper
brakes and casing therefor, whether or not cut to length,"
immediately after "parts of all the foregoing,"; and
(3) by striking out "6/30/83" and inserting in lieu thereof "6/
30/86<
SEC. 147. TEMPORARY SUSPENSION OF DUTY ON HEAT-SET, STRETCH
TEXTURING MACHINES.
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
912.07 Machines designed for heat-set,
stretch texturing of continuous
man-made fibers (provided for in
item 670.06, part 4£, schedule 6).. Free No change On or before
12/31/85
SEC. 148. TEMPORARY SUSPENSION OF DUTY ON HOSIERY KNITTING
MACHINES.
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
912.08 Single cylinder fine gauge hosiery
knitting machines and double
cylinder jacquard hosiery knit-
tmg machines (provided for in
items 670.16 and 670.18, part 4E,
schedule 6) Free No change On or before
9/30/85
96 STAT. 2344 PUBLIC LAW 97-446—JAN. 12, 1983
19 u s e 1202 SEC. 149. TEMPORARY SUSPENSION OF DUTY ON DOUBLE-HEADED LATCH
note. NEEDLES.
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
Double-headed latch needles (pro-
vided for in item 670.58, part 4E,
schedule 6) Free No change On or before
6/30/85
SEC. 150. TEMPORARY SUSPENSION OF DUTY ON PROSTHESES.
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
912.15 Externally-powered electric pros-
thetic devices for amputees (pro-
vided for in item 709.57, part 2B,
schedule 7), and parts thereof Free No change On or before
9/30/84
SEC. 151. TEMPORARY SUSPENSION OF DUTY ON SMALL TOYS.
Subpart B of part 1 of the Appendix is amended by inserting in
numerical sequence the following new item:
912.20 Articles provided for in parts 5D
and 5E of schedule 7 (except bal-
loons, marbles, dice, and diecast
vehicles), valued not over five
cents per unit; and jewelry pro-
vided for in part 6A of schedule
7 (except parts), valued not over
1.6 cents per piece Free No change On or before
12/31/86
SEC. 152. TEMPORARY SUSPENSION OF DUTY ON CERTAIN DOLLS AND
TOY FIGURES.
Subpart B of part 1 of the Appendix is amended by inserting at
the end thereof the following new items:
912.80 Stuffed dolls (with or without
clothing) and doll skins for
stuffed dolls (provided for respec-
tively in items 737.21, 737.23 and
737.26. part 5E, schedule 7) Free No change On or before
12/31/85
912.34 Stuffed or filled toy figures of in-
animate objects not having a
spring mechtmism (provided for
in item 737.47, part 5E, schedule
7) Free No change On or before
12/31/85
912.36 Skins for stuffed toy figures of ani-
mate and inanimate objects (pro-
vided for in item 737.51, part 5E,
schedule 7) Free No change On or before
12/31/85
SEC. 153. 2-YEAR EXTENSION OF THE INTERNATIONAL SUGAR AGREE-
MENT.
Section 2 of the Act entitled "An Act providing for the implemen-
tation of the International Sugar Agreement, 1977, and for other
purposes" (Public Law 96-236; 7 U.S.C. 3602) is amended by striking
out "1983" and inserting in lieu thereof "1985".
PUBLIC LAW 97-446—JAN. 12, 1983 96 STAT. 2345
SEC. 154. 1-YEAR EXTENSION OF THE INTERNATIONAL COFFEE AGREE-
MENT.
Section 2 of the International Coffee Agreement Act of 1980 (19
U.S.C. 1356k) is amended by striking out "the expiration of this joint Ante, p. 1204.
resolution" and inserting in lieu thereof "October 1,1983".
SEC. 155. UPLAND COTTON.
Section 103(fK3) of the Agricultural Act of 1949 (7 U.S.C. 1444(fK3))
shall be effective for the 1982 through 1985 crops of upland cotton
amended to read as follows:
"(3) Notwithstanding any other provision of law, any upland
cotton described in items 955.01 through 955.03 of the Appendix to
the Tariff Schedules of the United States (19 U.S.C. 1202) imported
into the United States during the period of time when a special
quota established under this subsection is in effect shall be deemed
to be an import under such special quota until the special quota is
filled and any such cotton shall be free of duty.".
SEC. 156. EFFECTIVE DATES.
(a) IN GENERAL.—Except as provided in subsection (b) and sections
109, 115, and 133, the amendments made by this subtitle shall apply
to articles entered on or after the 15th day after the date of the
enactment of this Act.
(b) RETROACTIVE APPUCATION.—
(1) I N GENERAL.—Notwithstanding section 514 of the Tariff
Act of 1930 or any other provision of law, upon proper request 19 USC 1514.
filed with the customs officer concerned on or before the 90th
day after the date of the enactment of this Act, the application
of the amendments made by this Act to the entry of any article
described in paragraph (2) shall be treated as provided in such
paragraph.
(2) APPUCABLE SECTIONS.—In the case of the application of the
amendment made by section 102, 107, 108, 119, 121, 125, 131,
137,139,140,142, or 144 to any entry—
(A) which was made after the applicable date and before
the 15th day after the date of the enactment of this Act;
and
(B) with respect which there would have been do duty or
a lesser duty if the amendment made by such section
applied to such entry;
/ such entry shall be liquidated or reliquidated as though such
entry had been made on the 15th day after the date of the
enactment of this Act.
(3) APPUCABLE DATE.—For purposes of paragraph (2), the term
"applicable date" means—
(A) in the case of section 139, June 30,1980;
(B) in the case of section 102, March 31,1981;
(C) in the case of sections 107, 119,121,125, and 140, June
30,1981;
(D) in the case of section 108, December 31,1981;
(E) in the case of sections 131,137, and 144, June 30,1982;
and
(F) in the case of section 142, September 30,1982.
(c) DEFINITIONS.—For purposes of this subtitle—
(1) the term "entered" means entered, or withdrawn from
warehouse for consumption, in the customs territory of the
United States; and
96 STAT. 2346 PUBLIC LAW 97-446—JAN. 12, 1983
(2) the term "entry" includes any withdrawal from warehouse
for consumption.
Educational, SUBTITLE B—IMPLEMENTATION OF NAIROBI PROTOCOL
Scientific, and
Cultural SEC. 161. SHORT TITLE, ETC.
Materials
Importation Act (a) SHORT TITLE.—This subtitle may be cited as the "Educational,
of 1982. Scientific, and Cultural Materials Importation Act of 1982".
(b) PURPOSE.—The purpose of this subtitle is to enable the United
States to give effect to the Nairobi Protocol to the Florence Agree-
ment on the Importation of Educational, Scientific, and Cultural
Materials (opened for signature on March 1, 1977) with a view to
contributing to the cause of peace through freer exchange of ideas
and knowledge across national boundaries.
SEC. 162. BOOKS, PUBLICATIONS, AND DOCUMENTS.
19 u s e 1202 Part 5 of schedule 2 is amended—
note. (1) by inserting, in numerical sequence, the following new
item:
Catalogs of films, recordings or
other visual and auditory mate-
rial of an educational, scientific,
or cultural character Free
(2) by striking out items 273.45 through 273.55, and the
superior heading thereto, and inserting in lieu thereof the
following:
273.52 Architectural engineering, indus-
trial, or commercial drawings and
plans, whether originals or re-
productions Free Free
and
(3) by inserting immediately below the phrase "Printed not
over 20 years at time of importation:" and above (and at the
same hierarchical level as) "Lithographs on paper:" the follow-
ing new item:
274.55 Loose illustrations, reproduction
proofs or reproduction films used
for the production of books Free
SEC. 163. VISUAL AND AUDITORY MATERIALS.
(a) PHOTOGRAPHIC FILM.—Part 5 of schedule 2 is amended—
(1) by inserting the phrase "(including developed photograph-
ic film; photographic slides; transparencies; holograms for laser
projection; and microfilm, microfiche, and similar articles)"
immediately after "Photographs" in the superior heading to
items 274.50 through 274.70, and
(2) by adding, in numerical sequence, the following new item:
Developed photographic film; pho-
tographic slides; transparencies;
holograms for laser projection;
and microfilm, microfiche, and
similar articles
(b) MOTION PICTURE FILMS.—Subpart G of part 2 of schedule 7 is
amended—
(1) by striking out "724.05 and 724.10" in headnote 1 and
inserting in lieu thereof "724.07 and 724.22",
PUBLIC LAW 97-446—JAN. 12, 1983 96 STAT. 2347
(2) by striking out headnote 2,
(3) by striking out items 724.05 and 724.10, and the superior
heading thereto, and inserting in lieu thereof the following:
Motion-picture films in any form
on which pictures, or sound and
pictures, have been recorded,
whether or not developed Free Free
(4) by striking out items 724.15 through 724.40 and inserting
in lieu thereof the following new item:
Sound recordings, combination
sound and visual recordings, and
magnetic recordings not provided
for in the foregoing provisions of
this subpart Free FVee
and
(5) by striking out the rates of duty appearing in rate columns
1, LDDC, and 2 for item 724.12 and inserting "Free" in rate
columns numbered 1 and 2.
(c) PATTERNS, MODELS, ETC.—Part 7 of schedule 8 is amended— 19 use 1202
(1) by striking out headnote 1 and redesignating headnote 2 as note.
headnote 1,
(2) by striking out item 870.30, and
(3) by inserting, in numerical sequence, the following new
item:
870.35 Patterns, models (except toy models) and wall charts
of an educational, scientific or cultural character,
mock-up or visualizations of abstract concepts such
as molecular structures or mathematical formulae;
materials for programed instruction; and kits con-
taining printed materials and audio materials and
visual materials or any combination of two or
more of the foregoing Free Free
SEC. 164. TOOLS FOR SCIENTIFIC INSTRUMENTS OR APPARATUS.
Part 4 of schedule 8 is amended by adding in numerical sequence,
the following new item:
Tools specially designed to be used for the mainte-
nance, checkine, gauging or repair of instruments
or apparatus admitted under item 851.60 Free
SEC. 165. ARTICLES FOR THE BLIND OR OTHER HANDICAPPED PERSONS.
(a) EuMiNATiON OF DuTY.—Subpart D of part 2 of schedule 8 is
amended by striking out items 825.00, 826.10, and 826.20.
(b) SPECIALLY DESIGNED ARTICLES.—Part 7 of schedule 8 is
amended—
(1) by inserting, in numerical sequence, the following new
items:
Articles specitdly designed or adapted for the use or
benefit of the olind or other physically or mentally
handicapped persons:
Articles for the blind:
870.50 Books, music, and pamphlets, in raised print,
used exclusively by or for them Free Free
870.55 Braille tablets, cubarithms, and special appa-
ratus, machines, presses, and types for
their use or benefit exclusively Free Free
870.60 Other Free Free
and
(2) by adding the following new headnote:
'2. For the purposes of items 870.50, 870.55, and 870.60-
96 STAT. 2348 PUBLIC LAW 97-446—JAN. 12, 1983
"Physically or "(a) The term 'physically or mentally handicapped persons*
iT^ndkia^ ed includes any person suffering from a permanent or chronic
persons."^^ physical or mental impairment which substantially limits one
or more major life activities, such as caring for one's self,
performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, eind working.
"(b) These items do not cover—
"(i) articles for acute or transient disability;
"(ii) spectacles, dentures, and cosmetic articles for indi-
viduals not substantially disabled;
"(iii) therapeutic and diagnostic articles; or
"(iv) medicine or drugs.",
(c) STATISTICAL INFORMATION.—The Secretary of the Treasury, in
conjunction with the Secretary of Commerce, shall take such actions
as are necessary to obtain adequate statistical information with
respect to articles to which the amendments made by this section
apply.
SEC. 166. AUTHORITY TO LIMIT CERTAIN DUTY-FREE TREATMENT
ACCORDED UNDER THIS ACT.
(a) AUTHORITY TO LIMIT.—
(1) IN GENERAL.—In addition to any authority under section
201 of the Trade Act of 1974 (19 U.S.C. 2251), the President may
proclaim changes in the Tariff Schedules of the United States
(19 U.S.C. 1202) to narrow the scope of, or place conditions upon,
the duty-free treatment accorded under section 164, section 165,
or section 167(b) (insofar as section 167(b) relates to temporary
duty-free treatment of articles covered by sections 164 and 165)
with respect to any tjrpe of article the duty-free treatment of
which—
(A) has significant adverse impact on a domestic industry
(or portion thereof) manufacturing or producing a like or
directly competitive article, and
(B) is not provided for in the Florence Agreement or the
Nairobi Protocol.
(2) RATES WHICH ARE TO TAKE EFFECT IF DUTY-FREE TREATMENT
EUMiNATED.—If the President eliminates any duty-free treat-
ment under paragraph (1), the rate of duty thereafter applicable
to any article which is—
(A) affected by such action, and
(B) imported from cuiy source,
shall be the rate proclaimed by the President as the rate
applicable to such article from such source (determined without
regard to this subtitle).
(b) RESTORATION OF TREATMENT.—If the President determines that
any duty-free treatment which is no longer in effect because of
action taken under subsection (a) could be restored in whole or in
part without a resumption of significant adverse impact on a domes-
tic industry or portion thereof, the President may proclaim changes
to the Appendix to the Tariff Schedules of the United States to
resume such duty-free treatment.
(c) OPPORTUNITY TO PRESENT VIEWS.—Before taking an action
authorized by subsection (a) or (b), the President shall afford an
opportunity for interested Government agencies and private persons
to present their views concerning the proposed action.
PUBLIC LAW 97-446—JAN. 12, 1983 96 STAT. 2349
SEC. 167. EFFECTIVE DATE; TEMPORARY DUTY-FREE TREATMENT.
(a) IN GENERAL.—The amendments made by sections 162,163,164,
and 165 shall apply with respect to articles entered, or withdrawn
from warehouse for consumption, on or after the date which the
President proclaims as the date on which he ratifies the Nairobi
Protocol to the Florence Agreement on the Importation of Educa-
tional, Scientific, and Cultural Materials.
(b) TEMPORARY DUTY-FREE TREATMENT.—
(1) ARTICLES FOR THE BUND OR OTHER HANDICAPPED PERSONS.—
Subject to the provisions of paragraph (3) and section 166, the
President shall proclaim changes to the Appendix to the Tariff
Schedules of the United States (19 U.S.C. 1202) to implement
the provisions of section 165 with respect to articles entered, or
withdrawn from warehouse for consumption, during the two
and one-half-year period beginning on the thirtieth day follow-
ing the date of the enactment of this subtitle.
(2) OTHER ARTICLES.—Subject to the provisions of paragraph
(3) and section 166, the President, if he deems such action to be
in the interest of the United States, may proclaim further
changes to the Appendix to the Tariff Schedules of the United
States to implement any provision of section 162, 163, or 164
with respect to articles entered, or withdrawn from warehouse
for consumption, during any period beginning on or after the
thirtieth day following the date of the enactment of this subtitle
and ending not later than two and one-half years after such
beginning date.
(3) TIME PROVISIONS CEASE TO HAVE EFFECT.—If any temporary
duty-free treatment accorded under paragraph (1) or (2) has not
yet expired, such treatment shall cease to be effective on and
after the date proclaimed by the President pursuant to subsec-
tion (a).
TITLE n—MISCELLANEOUS CUSTOMS PROVISIONS
SEC. 201. INTERNATIONAL TRANSMISSION OF BUSINESS DOCUMENTS;
IMPORTERS OF RECORD.
(a) General headnote 5 is amended— 19 use 1202
(1) by striking out "and" at the end of subdivision (d); ^°^-
(2) by redesignating subdivision (e) as subdivision (f); and
(3) by adding immecUately after subdivision (d) the following:
"(e) records, diagrams, and other data with regard to any business,
engineering, or exploration operation whether on paper, cards, pho-
tographs, blueprints, tapes, or other media; and".
(b) Item 870.10 is repealed.
(c) Section 483 of the Tariff Act of 1930 (19 U.S.C. 1483) is repealed. Repeals.
(d) Section 484 of the Tariff Act of 1930 (19 U.S.C. 1484) is
amended—
(1) by amending subsection (a)—
(A) by amending that part of paragraph (1) thereof which
precedes subparagraph (A) to read as follows: "Except as
provided in sections 490, 498, 552, 553, and 3360') of this Act 19 use 1490,
and in subsections (h) and (i) of this section, one of the jg^g' ^^^^' ^^^^'
parties qualifying as 'importer of record' under paragraph
(2XC) of this subsection, either in person or by an agent
authorized by him in writing—",
96 STAT. 2350 PUBLIC LAW 97-446—JAN. 12, 1983
(B) by redesignating paragraph (2XC) as paragraph (2XD),
and by inserting immediately after paragraph (2XB) the
following:
Merchandise "(C) When an entry of merchandise is made under this section, the
entry required documentation shall be filed either by the owner or pur-
documentation.
chaser of the merchandise or, when appropriately designated by the
owner, purchaser, or consignee of the merchandise, a person holding
19 u s e 1641. a valid license under section 641 of this Act. When a consignee
declares on entry that he is the owner or purchaser of merchandise,
the appropriate customs officer may, without liability, accept the
declaration. For the purposes of this title, the importer of record
must be one of the parties who is eligible to file the documentation
required by this section.", and
(C) by striking out "consignees" in paragraph (2XD) (as
redesignated by subparagraph (B)) and inserting in lieu
thereof "importers of record";
(2) by striking out "consignee" in subsections (c) and (d) and
inserting in lieu thereof "importer of record"; and
(3) by amending subsections (h) and (i) to read as follows:
"(h) The carrier bringing the merchandise into the port at which
entry is to be made may certify any person to be the owner,
purchaser, or consignee of the merchandise, and that person may be
accepted as such by the appropriate customs officer. A carrier shall
not certify a person pursuant to this subsection unless it has
actual knowledge of or reason to believe in the accuracy of such
certification.
"(i) For the purposes of this section, the appropriate customs
officer may accept a duplicate bill of lading signed or certified to be
genuine by the carrier bringing the merchandise to the port at
which entry is to be made.".
(e) Sections 485, 487, 494, and 505(a) of the Tariff Act of 1930 (19
U.S.C. 1485, 1487, 1494, and 1505(a)) are each amended by striking
out "consignee" wherever it appears and inserting in lieu thereof
"importer of record".
(f) Section 557 of the Tariff Act of 1930 (19 U.S.C. 1557) is
amended—
(1) by inserting "purchaser" immediately after "owner" in the
first sentence of subsection (a); and
(2) by striking out "consignee" in subsection (d) and substitut-
ing in lieu thereof "importer of record".
Effective date. (g) The amendments made by this section shall apply with respect
19 u s e 1484 to merchandise entered on and after the 30th day after the date of
note. the enactment of this Act.
SEC. 202. DELIVERY INTO SUCCESSIVE BONDED WAREHOUSES REGARD-
LESS OF LOCATION.
The first sentence of the eighth paragraph of section 311 of the
Tariff Act of 1930 (19 U.S.C. 1311) is amended by striking out "at an
exterior port" and "immediate".
Convention on TITLE III—IMPLEMENTATION OF CONVENTION ON
Cultural
Property CULTURAL PROPERTY
Implementation
Act. SEC. 301. SHORT TITLE.
19 u s e 2601
note. This title may be cited as the "Convention on Cultural Property
Implementetion Act".
PUBLIC LAW 97-446—JAN. 12, 1983 96 STAT. 2351
SEC. 302. DEFINITIONS. 19 USC 2601.
For purposes of this title—
(1) The term "agreement" includes any amendment to, or
extension of, any agreement under this title that enters into
force with respect to the United States.
(2) The term "archaeological or ethnological material of the
State Party" means—
(A) any object of archaeological interest;
(B) any object of ethnological interest; or
(C) any fragment or part of any object referred to in
subparagraph (A) or (B);
which was first discovered within, and is subject to export
control by, the State Party. For purposes of this paragraph—
(i) no object may be considered to be an object of archae-
ological interest unless such object—
(I) is of cultural significance;
(II) is at least two hundred and fifty years old; and
(III) was normally discovered as a result of scientific
excavation, clandestine or accidental digging, or explo-
ration on land or under water; and
(ii) no object may be considered to be an object of ethnolo-
gical interest unless such object is—
(I) the product of a tribal or nonindustrial society,
and
(II) important to the cultursd heritage of a people
because of its distinctive characteristics, comparative
rarity, or its contribution to the knowledge of the
origins, development, or history of that people.
(3) The term "Committee" means the Cultural Property Advi-
sory Committee established under section 206.
(4) The term "consignee" means a consignee as defined in
section 483 of the Tariff Act of 1930 (19 U.S.C. 1483). Ante, p. 2349.
(5) The term "Convention" means the Convention on the
means of prohibiting and preventing the illicit import, export,
and transfer of ownership of cultural property adopted by the
General Conference of the United Nations Educational, Scien-
tific, and Cultur£d Organization at its sixteenth session.
(6) The term "cultural property" includes articles described in
article 1 (a) through (k) of the Convention whether or not any
such article is specifically designated as such by any State Party
for the purposes of such article.
(7) The term "designated archaeological or ethnological mate-
rial" means any archaeological or ethnological material of the
State Party which—
(A)is-
(i) covered by an agreement under this title that
enters into force with respect to the United States, or
(ii) subject to emergency action under section 304,
and
(B) is listed by regulation under section 305.
(8) The term "Secretary" means the Secretary of the Treasury
or his delegate.
(9) The term "State Party" means any nation which has
ratified, accepted, or acceded to the Convention.
96 STAT. 2352 PUBLIC LAW 97-446—JAN. 12, 1983
(10) The term "United States" includes the several States, the
District of Columbia, and any territory or area the foreign
relations for which the United States is responsible.
(11) The term "United States citizen" means—
(A) any individual who is a citizen or national of the
United States;
(B) any corporation, partnership, association, or other
legal entity organized or existing under the laws of the
United States or any State; or
(C) any department, agency, or entity of the Federal
(Jovemment or of any government of any State.
19 u s e 2602. SEC. 303. AGREEMENTS TO IMPLEMENT ARTICLE 9 OF THE CONVENTION.
(a) AGREEMENT AUTHORITY.—
(1) IN GENERAL.—If the President determines, after request is
made to the United States under article 9 of the Convention by
any State Party—
(A) that the cultural patrimony of the State Party is in
jeopardy from the pillage of archaeological or ethnological
materials of the State Party;
(B) that the State Party has taken measures consistent
with the Convention to protect its cultural patrimony;
(C) that—
(i) the application of the import restrictions set forth
in section 307 with respect to archaeological or ethno-
logical material of the State Party, if applied in concert
with similar restrictions implemented, or to be imple-
mented within a reasonable period of time, by those
nations (whether or not State Parties) individually
having a significant import trade in such material,
would be of substantial benefit in deterring a serious
situation of pillage, and
(ii) remedies less drastic than the application of the
restrictions set forth in such section are not available;
and
(D) that the application of the import restrictions set
forth in section 307 in the particular circumstances is
consistent with the general interest of the international
community in the interchange of cultural property among
nations for scientific, cultural, and educational purposes;
the President may, subject to the provisions of this title, take
the actions described in paragraph (2).
(2) AUTHORITY OF PRESIDENT.—For purposes of paragraph (1),
the President may enter into—
(A) a bilatersd agreement with the State Party to apply
the import restrictions set forth in section 307 to the
archaeological or ethnological material of the State Party
the pillage of which is creating the jeopardy to the cultural
patrimony of the State Party found to exist under para-
graph (IXA); or
(B) a multilateral agreement with the State Party and
with one or more other nations (whether or not a State
Party) under which the United States will apply such
restrictions, and the other nations will apply similar
restrictions, with respect to such material.
(3) REQUESTS.—A request made to the United States under
article 9 of the C!onvention by a State Party must be accompa-
PUBLIC LAW 97-446—JAN. 12, 1983 96 STAT. 2353
nied by a written statement of the facts known to the State
Party that relate to those matters with respect to which deter-
minations must be made under subparagraphs (A) through (D)
of paragraph (1).
(4) IMPLEMENTATION.—In implementing this subsection, the
President should endeavor to obtain the commitment of the
State Party concerned to permit the exhange of its archaeologi-
cal and ethnological materials under circumstances in which
such exchange does not jeopardize its cultural patrimony.
Ot)) EFFECTIVE PERIOD.—The President may not enter into any
agreement under subsection (a) which has an effective period beyond
the close of the five-year period beginning on the date on which such
agreement enters into force with respect to the United States.
(c) RESTRICTIONS ON ENTERING INTO AGREEMENTS.—
(1) IN GENERAL.—The President may not enter into a bilateral
or multilateral agreement authorized by subsection (a) unless
the application of the import restrictions set forth in section 307
with respect to archaeologiced or ethnological material of the
State Party making a request to the United States under article
9 of the Convention will be applied in concert with similar
restrictions implemented, or to be implemented, by those
nations (whether or not State Parties) individually having a
significant import trade in such material.
(2) EXCEPTION TO RESTRICTIONS.—Notwithstanding paragraph
(1), the President may enter into an agreement if he determines
that a nation individually having a significant import trade in
such material is not implementing, or is not likely to imple-
ment, similar restrictions, but—
(A) such restrictions are not essential to deter a serious
situation of pillage, and
(B) the application of the import restrictions set forth in
section 307 in concert with similar restrictions imple-
mented, or to be implemented, by other nations (whether or
not State Parties) individually having a significant import
trade in such material would be of substantial benefit in
deterring a serious situation of pillage.
(d) SUSPENSION OF IMPORT RESTRICTIONS UNDER AGREEMENTS.—If,
after an agreement enters into force with respect to the United
States, the President determines that a number of parties to the
agreement (other than parties described in subsection (cX2)) having
significant import trade in the archaeological and ethnological
material covered by the agreement—
(1) have not implemented within a reasonable period of time
import restrictions that are similar to those set forth in section
307, or
(2) are not implementing such restrictions satisfactorily with
the result that no substantial benefit in deterring a serious
situation of pillage in the State Party concerned is being
obtained,
the President shall suspend the implementation of the import
restrictions under section 307 until such time as the nations take
appropriate corrective action.
(e) EXTENSION OF AGREEMENTS.—The President may extend any
agreement that enters into force with respect to the United States
for additional periods of not more than five years each if the
President determines that—
96 STAT. 2354 PUBLIC LAW 97-446—JAN. 12, 1983
(1) the factors referred to in subsection (aXl) which justified
the entering into of the agreement still pertain, and
(2) no cause for suspension under subsection (d) exists.
(f) PROCEDURES.—If any request described in subsection (a) is made
by a State Party, or if the President proposes to extend any agree-
ment under subsection (e), the President shall—
Publication in (1) publish notification of the request or proposal in the
Federal
Register. Federal Register;
Submittal to (2) submit to the Committee such information regarding the
Committee. request or proposal (including, if applicable, information from
the State Party with respect to the implementation of emer-
gency action under section 304) as is appropriate to enable the
Committee to carry out its duties under section 306(f); and
(3) consider, in taking action on the request or proposal, the
views and recommendations contained in any Committee
report—
(A) required under section 306(f) (1) or (2), and
(B) submitted to the President before the close of the one-
hundred-and-fifty-day period beginning on the day on which
the President submitted information on the request or
proposal to the Committee under paragraph (2).
(g) INFORMATION ON PRESIDENTIAL ACTION.—
Report to (1) I N GENERAL.—In any case in which the President—
Congress. (A) enters into or extends an agreement pursuant to
subsection (a) or (e), or
(B) applies import restrictions under section 204,
the President shall, promptly after taking such action, submit a
report to the Congress.
(2) REPORT.—The report under paragraph (1) shall contain—
(A) a description of such action (including the text of any
agreement entered into),
(B) the differences (if any) between such action and the
views and recommendations contained in any Committee
report which the President was required to consider, and
(C) the reasons for any such difference.
Report to (3) INFORMATION RELATING TO COMMITTEE RECOMMENDA-
Congress. TIONS.—If any Committee report required to be considered by
the President recommends that an agreement be entered into,
but no such agreement is entered into, the President shall
submit to the (Dongress a report which contains the reasons why
such agreement was not entered into.
19 u s e 2603. SEC. 304. EMERGENCY IMPLEMENTATION OF IMPORT RESTRICTIONS.
(a) EMERGENCY CONDITION DEFINED.—For purposes of this section,
the term "emergency condition" means, with respect to any archae-
ological or ethnological material of any State Party, that such
material is—
(1) a newly discovered type of material which is of importance
for the understanding of the history of mankind and is in
jeopardy from pillage, dismantling, dispersal, or fragmentation;
(2) identifiable as coming from any site recognized to be of
high cultural significance if such site is in jeopardy from pillage,
dismantling, dispersal, or frsigmentation which is, or threatens
to be, of crisis proportions; or
(3) a part of the remsdns of a particular culture or civilization,
the record of which is in jeopardy from pillage, dismantling,
PUBLIC LAW 97-446—JAN. 12, 1983 96 STAT. 2355
dispersal, or fragmentation which is, or threatens to be, of crisis
proportions;
and application of the import restrictions set forth in section 307 on
a temporary basis would, in whole or in part, reduce the incentive
for such pillage, dismantling, dispersal or fragmentation.
(b) PRESIDENTIAL ACTION.—Subject to subsection (c), if the Presi-
dent determines that an emergency condition applies with respect to
any archaeological or ethnological material of any State Party, the
President may apply the import restrictions set forth in section 307
with respect to such material.
(c) LIMITATIONS.—
(1) The President may not implement this section with respect
to the archaeological or ethnological materials of any State
Party unless the State Party has made a request described in
section 303(a) to the United States and has supplied information
which supports a determination that an emergency condition
exists.
(2) In taking action under subsection (b) with respect to any Report.
State Party, the President shall consider the views and recom-
mendations contained in the Committee report required under
section 306(f)(3) if the report is submitted to the President before
the close of the ninety-day period beginning on the day on
which the President submitted information to the Committee
under section 303(f)(2) on the request of the State Party under
section 303(a).
(3) No import restrictions set forth in section 307 may be
applied under this section to the archaeological or ethnological
materials of any State Party for more than five years after the
date on which the request of a State Party under section 303(a)
is made to the United States. This period may be extended by Extension.
the President for three more years if the President determines
that the emergency condition continues to apply with respect to
the archaeological or ethnological material. However, before Report.
taking such action, the President shall request and consider, if
received within ninety days, a report of the Committee setting
forth its recommendations, together with the reasons therefor,
as to whether such import restrictions shall be extended.
(4) The import restrictions under this section may continue to
apply in whole or in part, if before their expiration under
paragraph (3), there has entered into force with respect to the
archaeological or ethnological materials an agreement under
section 203 or an agreement with a State Party to which the
Senate has given ite advice and consent to ratification. Such
import restrictions may continue to apply for the duration of
the agreement.
SEC. 305. DESIGNATION OF MATERIALS COVERED BY AGREEMENTS OR 19 USC 2604.
EMERGENCY ACTIONS.
After any agreement enters into force under section 303, or
emergency action is taken under section 304, the Secretary, after
consultation with the Director of the United States Information
Agency, shall by regulation promulgate (and when appropriate shall
revise) a list of the archaeological or ethnological material of the
State Party covered by the agreement or by such action. The
Secretary may list such material by type or other appropriate
classification, but each listing made under this section shall be
sufficiently specific and precise to insure that (1) the import restric-
97-200 O—84—pt. 2 32 : QL3
96 STAT. 2356 PUBLIC LAW 97-446—JAN. 12, 1983
tions under section 307 are applied only to the archeological and
ethnological material covered by the agreement or emergency
action; and (2) fair notice is given to importers and other persons as
to what materia is subject to such restrictions.
19 u s e 2605. SEC. 306. CXFLTURAL PROPERTY ADVISORY COMMITTEE.
(a) ESTABLISHMENT.—There is established the Cultural Property
Advisory Committee.
(b) MEMBERSHIP.—
(1) The Committee shall be composed of eleven members
appointed by the President as follows:
(A) Two members representing the interests of museums.
(B) Three members who shall be experts in the fields of
archaeology, anthropology, ethnology, or related areas.
(C) Three members who shall be experts in the interna-
tional sale of archaeological, ethnological, and other cul-
tural property.
(D) Three members who shall represent the interest of
the general public.
(2) Appointments made under paragraph (1) shall be made in
such a manner so as to insure—
(A) fair representation of the various interests of the
public sectors and the private sectors in the international
exchange of archaeological and ethnological materials, and
(B) that within such sectors, fair representation is
accorded to the interests of regional and local institutions
and museums.
(3XA) Members of the Committee shall be appointed for terms
of two years and may be reappointed for 1 or more terms.
(B) A vacancy in the Commission shall be filled in the same
manner in which the original appointment was made.
(c) EXPENSES.—The members of the Committee shall be reim-
bursed for actual expenses incurred in the performance of duties for
the Committee.
(d) TRANSACTION OF BUSINESS.—Six of the members of the Commit-
tee shall constitute a quorum. All decisions of the Committee shall
be by m^ority vote of the members present and voting.
(e) STAFF AND ADMINISTRATION.—
(1) The Director of the United States Information Agency
shall make available to the Committee such administrative and
technical support services and assistance as it may reasonably
require to carry out its activities. Upon the request of the
Committee, the nead of any other Federal agency may detail to
the Committee, on a reimbursable basis, any of the personnel of
such agency to assist the Committee in carrying out its func-
tions, and provide such information and assistance as the Com-
mittee may reasonably require to carry out its activities.
(2) The Committee shall meet at the call of the Director of the
United States Information Agency, or when a majority of its
members request a meeting in writing.
(f) REPORTS BY COMMITTEE.—
(1) The Commitee shall, with respect to each request of a
State Party referred to in section 303(a), undertake an investiga-
tion and review with respect to matters referred to in section
303(aXl) as they relate to the State Party or the request and
shall prepare a report setting forth—
(A) the results of such investigation and review;
PUBLIC LAW 97-446—JAN. 12, 1983 96 STAT. 2357
(B) its findings as to the nations individually having a
significant import trade in the relevant material; and
(C) its recommendation, together with the reasons there-
for, as to whether an agreement should be entered into
under section 303(a) with respect to the State Party.
(2) The Committee shall, with respect to each agreement
proposed to be extended by the President under section 303(e),
prepare a report setting forth its recommendations together
with the reasons therefor, as to whether or not the agreement
should be extended.
(3) The Committee shall in each case in which the Committee
finds that an emergency condition under section 304 exists
prepare a report setting forth its recommendations, together
with the reasons therefor, as to whether emergency action
under section 304 should be implemented. If any State Party
indicates in its request under section 303(a) that an emergency
condition exists and the Committee finds that such a condition
does not exist, the Committee shall prepare a report setting
forth the reasons for such finding.
(4) Any report prepared by the Committee which recommends
the entering into or the extension of any agreement under
section 303 or the implementation of emergency action under
section 304 shall set forth—
(A) such terms and conditions which it considers neces-
sary and appropriate to include within such agreement, or
apply with respect to such implementation, for purposes of
carr3dng out the intent of the Convention; and
(B) such archaeological or ethnological material of the
State Party, specified by type or such other classification as
the Committee deems appropriate, which should be covered
by such agreement or action.
(5) If any member of the Committee disagrees with respect to
any matter in any report prepared under this subsection, such
member may prepare a statement setting forth the reasons for
such disagreement £md such stetement shall be appended to,
and considered a part of, the report.
(6) The Committee shall submit to the Congress &nd the
President a copy of each report prepared by it under this
subsection.
(g) COMMITTEE REVIEW.—
(1) I N GENERAL.—The Committee shall undertake a continu-
ing review of the effectiveness of agreements under section 303
that have entered into force with respect to the United Stetes,
and of emergency action implemented under section 304.
(2) ACTION BY COMMITTEE.—If the Committee finds, as a result
of such review, that—
(A) cause exists for suspending, under section 303(d), the
import restrictions imposed under an agreement;
(B) any £igreement or emergency action is not achieving
the purposes for which entered into or implemented; or
(C) changes are required to this title in order to imple-
ment fully the obligations of the United Stetes under the
Convention;
the Committee may submit a report to the Congress and the Presi- Report to
dent setting forth its recommendations for suspending such import Congress.
restrictions or for improving the effectiveness of any such agree-
ment or emergency action or this title.
96 STAT. 2358 PUBLIC LAW 97-446—JAN. 12, 1983
(h) FEDERAL ADVISORY CJOMMITTEE ACT.—The provisions of the
Federal Advisory Committee Act (Public Law 92-463; 5 U.S.C.
5 use app. Appendix I) shall apply to the Committee except that the require-
ments of subsections (a) and (b) of section 10 and section 11 of such
Act (relating to open meetings, public notice, public participation,
and public availability of documents) shall not apply to the Commit-
tee, whenever and to the extent it is determined by the President or
his designee that the disclosure of matters involved in the Commit-
tee's proceedings would compromise the Government's negotiating
objectives or bargaining positions on the negotiations of any agree-
ment authorized by this title.
(i) CONFIDENTIAL INFORMATION.—
(1) IN GENERAL.—Any information (including trade secrets
and commercial or financial information which is privileged or
confidential) submitted in confidence by the private sector to
officers or employees of the United States or to the Committee
in connection with the responsibilities of the Committee shall
not be disclosed to any person other than to—
(A) officers and employees of the United States desig-
nated by the Director of the United States Information
Agency;
(B) members of the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of
the Senate who are designated by the chairman of either
such Committee and members of the staff of either such
Committee designated by the chairman for use in connec-
tion with negotiation of agreements or other activities
authorized by this title; and
(C) the Committee established under this title.
(2) GOVERNMENTAL INFORMATION.—Information submitted in
confidence by officers or employees of the United States to the
Committee shall not be disclosed other than in accordance with
rules issued by the Director of the United States Information
Agency, after consultation with the Committee. Such rules shall
define the categories of information which require restricted or
confidential handling by such Committee considering the extent
to which public disclosure of such information can reasonably
be expected to prejudice the interests of the United States. Such
rules shall, to the maximum extent feasible, permit meaningful
consultations by (Committee members with persons affected by
proposed agreements authorized by this title.
(j) No AUTHORITY TO NEGOTIATE.—Nothing contained in this sec-
tion shall be construed to authorize or to permit any individusd (not
otherwise authorized or permitted) to participate directly in any
negotiation of any agreement authorized by this title.
19 u s e 2606. SEC. 307. IMPORT RESTRICTIONS.
(a) DOCUMENTATION OF LAWFUL EXPORTATION,—No designated
archaeological or ethnological material that is exported (whether or
not such exportation is to the United States) from the State Party
after the designation of such material under section 305 may be
imported into the United States unless the State Party issues a
certification or other documentation which certifies that such expor-
tation was not in violation of the laws of the State Party.
(b) CUSTOMS ACTION IN ABSENCE OF DOCUMENTATION.—If the con-
signee of any designated archaeological or ethnological material is
PUBLIC LAW 97-446—JAN. 12, 1983 96 STAT. 2359
unable to present to the customs officer concerned at the time of
making entry of such material—
(1) the certificate or other documentation of the State Party
required under subsection (a); or
(2) satisfactory evidence that such material was exported from
the State Party—
(A) not less than ten years before the date of such entry
and that neither the person for whose account the material
is imported (or any related person) contracted for or
acquired an interest, directly or indirectly, in such material
more than one year before that date of entry, or
(B) on or before the date on which such material was
designated under section 305,
the customs officer concerned shall refuse to relesise the material
from customs custody and send it to a bonded warehouse or store to
be held at the risk and expense of the consignee, notwithstanding
any other provision of law, until such documentation or evidence is
filed with such officer. If such documentation or evidence is not Seizure and
presented within ninety days after the date on which such material forfeiture.
is refused release from customs custody, or such longer period as
may be allowed by the Secretary for good cause shown, the material
shall be subject to seizure and forfeiture. The presentation of such
documentation or evidence shall not bar subsequent action under
section 310.
(c) DEFINITION OF SATISFACTORY EVIDENCE.—The term "satisfac-
tory evidence" means—
(1) for purposes of subsection (bX2)(A)—
(A) one or more declarations under oath by the importer,
or the person for whose account the material is imported,
stating that, to the best of his knowledge—
(i) the material was exported from the State Party
not less than ten years before the date of entry into the
United States, and
(ii) neither such importer or person (or any related
person) contracted for or acquired an interest, directly
or indirectly, in such material more than one year
before the date of entry of the material; and
(B) a statement provided by the consignor, or person who
sold the material to the importer, which states the date, or,
if not known, his belief, that the material was exported
from the State Party not less than ten years before the date
of entry into the United States, and the reasons on which
the statement is based; and
(2) for purposes of subsection (bX2XB)—
(A) one or more declarations under oath by the importer
or the person for whose account the material is to be
imported, stating that, to the best of his knowledge, the
material was exported from the State Party on or before
the date such material was designated under section 305,
and
(B) a statement by the consignor or person who sold the
material to the importer which states the date, or if not
known, his belief, that the material was exported from the
State Party on or before the date such material was desig-
nated under section 305, and the reasons on which the
statement is based.
96 STAT. 2360 PUBLIC LAW 97-446—JAN. 12, 1983
(d) RELATED PERSONS.—For purposes of subsections (b) and (c), a
person shall be treated £is a related person to an importer, or to a
person for whose account material is imported, if such person—
(1) is a member of the same family as the importer or person
of account, including, but not limited to, membership as a
brother or sister (whether by whole or half blood), spouse,
ancestor, or lineal descendant;
(2) is a partner or associate with the importer or person of
account in any partnership, association, or other venture; or
(3) is a corporation or other legal entity in which the importer
or person of account directly or indirectly owns, controls, or
holds power to vote 20 percent or more of the outstanding
voting stock or shares in the entity.
19 u s e 2607. SEC. 308. STOLEN CULTURAL PROPERTY.
No article of cultural property documented as appertaining to the
inventory of a museum or religious or secular public monument or
similar institution in any State Party which is stolen from such
institution after the effective date of this title, or after the date of
entry into force of the Convention for the State Party, whichever
date is later, may be imported into the United States.
19 u s e 2608. SEC. 309. TEMPORARY DISPOSITION OF MATERIALS AND ARTICLES SUB-
JECT TO TITLE.
Pending a final determination as to whether any archaeological or
ethnological material, or any article of cultural property, has been
imported into the United States in violation of section 307 or section
308, the Secretary shall, upon application by any museum or other
cultural or scientific institution in the United States which is open
to the public, permit such material or article to be retained at such
institution if he finds that—
(1) sufficient safeguards will be taken by the institution for
the protection of such material or article; and
(2) sufficient bond is posted by the institution to ensure its
return to the Secretary.
19 u s e 2609. SEC. 310. SEIZURE AND FORFEITURE.
(a) IN GENERAL.—Any designated archaeological or ethnological
material or article of cultural property, as the case may be, which is
imported into the United States in violation of section 307 or section
308 shall be subject to seizure and forfeiture. All provisions of law
relating to seizure, forfeiture, and condemnation for violation of the
customs laws shall apply to seizures and forfeitures incurred, or
alleged to have been incurred, under this title, insofar as such
provisions of law are applicable to, and not inconsistent with, the
provisions of this title.
O5) ARCHAEOLOGICAL AND ETHNOLOGICAL MATERIAL.—Any desig-
nated archaeological or ethnological material which is imported
into the United States in violation of section 307 and which is
forfeited to the United States under this title shall—
(1) first be offered for return to the State Party;
(2) if not returned to the State Party, be returned to a
claimant with respect to whom the material was forfeited if that
claimant establishes—
(A) valid title to the material,
(6) that the claimant is a bona fide purchaser for value of
the material; or
PUBLIC LAW 97-446—JAN. 12, 1983 96 STAT. 2361
(3) if not returned to the State Party under paragraph (1) or to
a claimant under paragraph (2), be disposed of in the manner
prescribed by law for articles forfeited for violation of the
customs laws.
No return of material may be made under paragraph (1) or (2) unless
the State Party or claimant, as the case may be, bears the expenses
incurred incident to the return and delivery, and complies with such
other requirements relating to the return as the Secretary shall
prescribe,
(c) ARTICLES OP CULTURAL PROPERTY.—
(1) In any action for forfeiture under this section regarding an
article of cultural property imported into the United States in
violation of section 208, if the claimant establishes valid title to
the article, under applicable law, as against the institution from
which the article was stolen, forfeiture shall not be decreed
unless the State Party to which the article is to be returned
pays the claimant just compensation for the article. In any
action for forfeiture under this section where the claimant does
not establish such title but establishes that it purchased the
article iFor value without knowledge or reason to believe it was
stolen, forfeiture shall not be decreed unless—
(A) the State Party to which the article is to be returned
pays the claimant an amount equal to the amount which
the claimant paid for the article, or
(B) the United States establishes that such State Party, as
a matter of law or reciprocity, would in similar circum-
stances recover and return an article stolen from an institu-
tion in the United States without requiring the pajonent of
compensation.
(2) Any article of cultural property which is imported into the
United States in violation of section 308 and which is forfeited
to the United States under this title shall—
(A) first be offered for return to the State Party in whose
territory is situated the institution referred to in section
308 and shall be returned if that State Party bears the
expenses incident to such return and delivery and complies
with such other requirements relating to the return as the
Secretary prescribes; or
(B) if not returned to such State Party, be disposed of in
the manner prescribed by law for articles forfeited for
violation of the customs laws.
SEC. 311. EVIDENTIARY REQUIREMENTS. 19 USC 2610.
Notwithstanding the provisions of section 615 of the Tariff Act of
1930 (19 U.S.C. 1615), in any forfeiture proceeding brought under
this title in which the material or article, as the case may be, is
claimed by any person, the United States shall establish—
(1) in the case of any material subject to the provisions of
section 307, that the material has been listed by the Secretary
in accordance with section 305; and
(2) in the case of any article subject to section 308, that the
article—
(A) is documented as appertaining to the inventory of a
museum or religious or secular public monument or similar
institution in a State Party, and
(B) was stolen from such institution after the effective
date of this title, or after the date of entry into force of the
96 STAT. 2362 PUBLIC LAW 97-446—JAN. 12, 1983
Convention for the State Party concerned, whichever date
is later.
19 u s e 2611. SEC. 312. CERTAIN MATERIAL AND ARTICLES EXEMPT FROM TITLE.
The provisions of this title shall not apply to—
(1) any archaeological or ethnological material or any article
of cultursQ property which is imported into the United States
for temporary exhibition or display if such material or article is
immune from seizure under judicial process pursuant to the Act
entitled "An Act to render immune from seizure under judicial
process certain objects of cultural significance imported into the
United States for temporary display or exhibition, and for other
purposes", approved October 19,1965 (22 U.S.C. 2459); or
(2) any designated archaeological or ethnological material or
any article of cultural property imported into the United States
if such material or article—
(A) has been held in the United States for a period of not
less than three consecutive years by a recognized museum
or religious or secular monument or similar institution, and
was purchased by that institution for value, in good faith,
and without notice that such material or article was im-
ported in violation of this title, but only if^
(i) the acquisition of such material or article has been
reported in a publication of such institution, any
regularly published newspaper or periodical with a
circulation of at least fifty thousand, or a periodical or
exhibition catalog which is concerned with the type of
article or materials sought to be exempted from this
title,
(ii) such material or article has been exhibited to the
public for a period or periods aggregating at least one
year during such three-year period, or
(iii) such article or material has been cataloged and
the catalog material made available upon request to
the public for at least two years during such three-year
period;
(B) if subparagraph (A) does not apply, has been within
the United States for a period of not less than ten consecu-
tive years and has been exhibited for not less than five
years during such period in a recognized museum or reli-
gious or secular monument or similar institution in the
Unites States open to the public; or
(C) if subparagraphs (A) and (B) do not apply, has been
within the United States for a period of not less than ten
consecutive years and the State Party concerned has
received or should have received during such period fair
notice (through such adequate and accessible publication, or
other means, as the Secretary shall by regulation prescribe)
of its location within the United States; and
(D) if none of the preceding subparagraphs apply, has
been within the United States for a period of not less than
twenty consecutive years and the claimant establishes that
it purchased the material or article for value without
knowledge or reason to believe that it was imported in
violation of law.
PUBLIC LAW 97-446—JAN. 12, 1983 96 STAT. 2363
SEC. 313. REGULATIONS. 19 USC 2612.
The Secretary shall prescribe such rules and regulations as are
necessary and appropriate to carry out the provisons of this title.
SEC. 314. ENFORCEMENT. 19 USC 2613.
In the customs territory of the United States, and in the Virgin
Islands, the provisions of this title shall be enforced by appropriate
customs officers. In any other territory or area within the United
States, but not within such customs territory or the Virgin Islands,
such provisions shall be enforced by such persons as may be desig-
nated by the President.
SEC. 315. EFFECTIVE DATE. 19 USC 2601
(a) IN GENERAL.—This title shall take effect on the ninetieth day publication in
after the date of the enactment of this Act or on any date which the Federal
President shall prescribe and publish in the Federal Register, if such Register.
date is—
(1) before such ninetieth day and after such date of enact-
ment; and
(2) after the initial membership of the Committee is
appointed.
(b) EXCEPTION.—Notwithstanding subsection (a), the members of
the Committee may be appointed in the manner provided for in
section 306 at any time after the date of the enactment of this Act.
Approved Jsinuary 12, 1983.
LEGISLATIVE HISTORY—H.R. 4566:
HOUSE REPORTS: No. 97-257 (Comm. on Ways and Means) and No. 97-989 (Comm.
of Conference).
SENATE REPORT No. 97-564 (Comm. on Finance).
CONGRESSIONAL RECORD:
Vol. 127 (1981): Oct. 13, considered and p£issed House.
Vol. 128 (1982): Dec. 19, considered and passed Senate, amended.
Dec. 21, House agreed to conference report.
Dec. 22, Senate agreed to conference report.

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